Can Every Accused Get Bail In India? – Legal Rights, Procedure, And Landmark Supreme Court Judgments Explained
Introduction: Why Bail Matters in India Bail is not merely a legal relief — it is the expression of liberty and presumption of innocence in our justice system. Every person is presumed innocent until proven guilty, and bail ensures that this principle remains alive. “Bail is the rule and jail is the exception.” — Justice V.R. Krishna Iyer, Supreme Court of India The concept of bail safeguards an individual’s freedom while ensuring they appear before the court when required. It balances the interests of justice with human rights. What Is Bail – Legal Meaning and Purpose Bail means the conditional release of an accused person from custody, based on assurance (bond/surety) that they will attend all court proceedings. The legal framework for bail is provided under Sections 436 to 439 of the Criminal Procedure Code (CrPC) , now Sections 479–482 under the Bharatiya Nagarik Suraksha Sanhita (BNSS) , 2023 . Purpose of Bail: To protect individual liberty. To prevent unnecessary imprisonment ...